Tex. Ins. Code Section 464.002
Construction and Purpose


The purpose of this chapter is to alleviate the financial hardship imposed on persons who are harmed by the sale of unauthorized insurance in this state. Persons who suffer damages as a result of unpaid claims on policies issued by unauthorized insurers in this state are not covered under guaranty acts, which provide protection to persons with claims against authorized insurers. The legislature finds that it is appropriate to provide additional remedies to these persons.


The commissioner’s powers under this Act shall be liberally construed to support the purpose stated in Subsection (a).


This chapter does not limit the powers granted the commissioner under other provisions of law. The powers and authority of the commissioner under this chapter are cumulative and are in addition to all other powers and authority that are available to the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.
Sec. 464.003. DEFINITIONS.In this chapter:


“Delinquency proceeding” has the meaning assigned by Section 443.004 (Definitions).


“Fund” means the unauthorized insurance guaranty fund.


“Fund account” means the account established for the deposit of money held by the fund.


“Policy claim” means an obligation incurred under a contract or policy of insurance issued by an unauthorized insurer as described by Chapter 101 (Unauthorized Insurance). The term does not include claims under reinsurance contracts or claims of other creditors.


“Receiver” means the receiver of an unauthorized insurer in a delinquency proceeding, including the commissioner when acting in that capacity, or a special deputy receiver.


“Unauthorized insurer” has the meaning assigned by Section 443.004 (Definitions).
Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.

Source: Section 464.002 — Construction and Purpose, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­464.­htm#464.­002 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 464.002’s source at texas​.gov